General Terms & Conditions

Welcome to the www.balmytrip.com website. This Website is provided solely to assist customers/users in gathering travel information, determining the availability of travel-related services, making legitimate reservations, or otherwise transacting business with travel suppliers, and for no other purposes. The terms “we”, “us”, “our” and ”BALMYTRIP” refer to BalmyTrip Holidays Private Limited, a company incorporated in Lucknow, Uttar Pradesh, India. The term “you” or "Client" refers to the customer visiting the Website and/or booking a reservation through us on this Website, or through our customer service agents.

This Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the “Agreement”). By accessing this Website in any way, you comply and agree to be bound by the Agreement. Please read the Agreement carefully. If you do not accept these terms and conditions, please refrain from using the www.balmytrip.com Website.

1. DEFINITIONS

1.1 BalmyTrip Holidays Private Limited (“BALMYTRIP”), is a company incorporated under the laws of India, having its registered office at 3/38 Rajni Khand, Sharda Nagar, Lucknow, Uttar Pradesh, 226002, which provides various travel-related services through its website (www.balmytrip.com).
1.2 BALMYTRIP shall provide the customer (“Client”) with travel-related information, pricing, availability, and booking services for airlines, hotels, railways, holiday packages, transport, and car rentals across urban cities and rural areas throughout India (“Service/s or BALMYTRIP Services”). These Services may be availed by the Client in India, at any time during the year, as offered by various third-party vendors like airlines, hotels, etc. (“Service Providers”).
1.3 This Master Client Agreement (“Agreement”) is applicable to all BALMYTRIP Services. In addition to this Agreement and depending on the Services opted for by the Client, the Client shall be required to accept the specific Terms of Service (“TOS”) applicable to the specific Service availed, which may be updated by BALMYTRIP from time to time. Such TOS shall be deemed to be a part of this Agreement and in the event of a conflict between such TOS and this Agreement, the terms of this Agreement shall prevail.
1.4 BALMYTRIP Services are offered to the Client conditioned on acceptance without modification of all the terms, conditions, and notices contained in this Agreement and the TOS, as may be posted on the Website from time to time. For the avoidance of doubt, it is clarified that availing of the Services by the Client constitutes an acknowledgment and acceptance by the Client of this Agreement and the TOS. If the Client does not agree with any part of such terms, conditions, and notices, the Client must not avail themselves of BALMYTRIP Services.
1.5 Moreover, the Service Provider itself may provide terms and guidelines that govern specific features, offers, or the operating rules and policies applicable to each Service (for example, flights, hotel reservations, packages, etc.). The Client shall be responsible for ensuring compliance with the terms and guidelines or operating rules and policies of the Service Provider with whom the Client elects to deal, including terms and conditions set forth in a Service Provider's fare rules, contract of carriage, or house rules.
1.6 BALMYTRIP at its sole discretion reserves the right not to accept any order placed by the Client through the Website without assigning any reason thereof. Any contract to provide any service by BALMYTRIP is not complete until the full payment towards the service is received from the Client and accepted by BALMYTRIP.

2. MODIFICATION OF TERMS

BALMYTRIP reserves the right to change the terms, conditions, and notices under which the Services are offered through the Website, including but not limited to the charges for the Services provided through the Website. The Client shall be responsible for regularly reviewing these terms and conditions.

3. PRIVACY POLICY

The Client hereby affirms, expresses, and agrees that they have read and fully understood the Privacy Policy of BALMYTRIP. The Client further affirms that the terms and contents of such Privacy Policy are acceptable to them.

Our website uses cookies for many reasons, including for the provision of a personalized experience, for improving the usability of this website, and for collecting usage statistics. We also use session cookies to improve the security of this website.

We also track the Internet address of the domains from which people visit us and analyze this data for trends and statistics, but the individual user remains anonymous.

4. PROHIBITED USE

4.1 The Client agrees and undertakes not to sell, trade, resell, or exploit for any commercial purposes, any portion of the Service. For the removal of doubt, it is clarified that BALMYTRIP Services, including the use of the Website, are not for commercial use, but are specifically meant for personal use.
4.2 The Client further agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that BALMYTRIP’s name is stated as the source. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes, and unauthorized modification of data and information within the content of the Website is not permitted.

5. DISCLAIMER OF WARRANTIES / LIMITATION OF LIABILITY

5.1 BALMYTRIP has endeavored to ensure that all the information provided by it is correct. However, BALMYTRIP neither warrants nor makes any representations regarding the quality, accuracy, or completeness of any data or information. BALMYTRIP makes no warranty, express or implied, concerning the Website and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of services, including any liability, responsibility, or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any Client or any other person, arising out of or from the use of any such information.
5.2 To the extent BALMYTRIP acts only as a booking agent and facilitator of Services for third-party Service Providers, it shall not have any liability whatsoever for any aspect of the arrangements between the Service Provider and the Client as regards the standards and rendering of services by the Service Providers. BALMYTRIP shall further not have liability or responsibility in relation to the validity of the legal rights related to third-party content.
5.3 Although BALMYTRIP makes reasonable commercial efforts to ensure that the description and content in the TOS and on each page of the Website is correct, it does not, however, take responsibility for changes that occur due to human or data entry errors or for any loss or damage suffered by any Client due to any information provided.
5.4 BALMYTRIP does not endorse any advertiser on its website in any manner. The Clients are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
5.5 BALMYTRIP does not, by offering travel-related services to particular destinations, represent or warrant that travel to such destinations is without risk, and shall not be liable for damages or losses that may result from travel to such destinations.
5.6 In no event shall BALMYTRIP be liable for any direct, indirect, punitive, incidental, special, consequential damages, or any other damages resulting from: (a) the use or the inability to use the services; (b) the cost of procurement of substitute goods and services or resulting from any goods, information or services purchased or obtained or messages received or transactions entered into through the services; (c) unauthorized access to or alteration of the Client’s transmissions or data; (d) any other matter relating to the services; including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with availing services from BALMYTRIP.

Neither shall BALMYTRIP be responsible for the delay or inability to use the Website or Services, the provision of or failure to provide services by Service Providers, or for any information, software, products, services, and related graphics obtained from BALMYTRIP, whether based on contract, tort, negligence, strict liability, or otherwise.

The maximum liability on the part of BALMYTRIP arising under any circumstances, in respect of any Services availed, shall be limited up to a maximum refund of the total amount received from the Client for providing the services less any cancellation, refund, or other charges, as may be applicable.

6. LINKS TO THIRD-PARTY SITES

6.1 The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of BALMYTRIP or the Website and BALMYTRIP is not responsible for the contents of any Linked Site. BALMYTRIP is providing these links to the Client only as a convenience, and the inclusion of any link does not imply endorsement by BALMYTRIP.

7. PROHIBITION AGAINST UNLAWFUL USE

As a condition of the use of the Website, the Client warrants that they will not use the Website for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited by this Agreement and/or the TOS.

8. USE OF COMMUNICATION SERVICES

The Website may contain services such as email, chat, bulletin board services, forums, communities, and/or other message or communication facilities (hereinafter collectively referred to as “Communication Services”). The Client agrees to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service. The Client agrees that when using a Communication Service, they will not defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others.

9. TERMINATION / ACCESS RESTRICTION

BALMYTRIP reserves the right, in its sole discretion, to terminate the access to the website and the related services or any portion thereof at any time, without notice.

10. PAYMENT OF FEES

BALMYTRIP reserves the right to charge listing fees for certain listings, and transaction fees based on certain completed transactions using the BALMYTRIP Services. The Client shall be liable to pay all applicable charges, fees, duties, taxes, levies, and assessments for availing the BALMYTRIP Services.

11. CLIENT’S OBLIGATIONS AND ACCOUNT

11.1 The Client represents and confirms that the Client is of legal age to enter into a binding contract and is not a person barred from availing the Services under the laws of India or other applicable laws.
11.2 Registration of the Client on the Website is optional. If the Client opts to register, the Client shall be entirely responsible for maintaining the confidentiality of their password and user ID, and shall be fully responsible for all activities that occur under such password or user ID.

12. PRICE COMPARISON AND THIRD-PARTY QUOTES

12.1 User Uploads for Price Comparison: As part of our Services, users may have the option to upload, share, or submit travel package quotations, itineraries, or "split prices" provided by other travel companies, agencies, or competitors ("Third-Party Quotes") to request a comparative quote from BALMYTRIP.
12.2 User Warranties: By uploading or sharing a Third-Party Quote, the Client represents and warrants that they have the lawful right to share this information with BALMYTRIP and that sharing such information does not violate any confidentiality agreements, privacy laws, trade secrets, or intellectual property rights of the third party.
12.3 Purpose and Fair Competition: The explicit purpose of this price comparison feature is to facilitate fair market competition, offer the Client the most competitive pricing, and assist the Client in making an informed purchasing decision. BALMYTRIP generates its own comparative split prices based strictly on its independent business operations, lower margin structures, and negotiated vendor rates.
12.4 No Defamation or Disparagement: BALMYTRIP respects its industry peers. The price comparison feature is not intended to, nor does it, defame, disparage, malign, or misrepresent any other travel company, competitor, or third-party service provider. Any price differences or lower quotes offered by BALMYTRIP do not constitute an attack on the reputation, business practices, or operational costs of any competitor, as margin policies vary by organization.
12.5 Disclaimer of Liability to Third Parties: The Client acknowledges that the ultimate choice of booking rests solely with the consumer. BALMYTRIP shall not be held liable for any claims, demands, damages, or lawsuits from any third-party travel companies or competitors alleging loss of business, tortious interference with prospective economic advantage, or unfair competition arising out of the Client's use of our price comparison services and subsequent decision to book with BALMYTRIP. BALMYTRIP acts independently and merely provides an alternative commercial offer.
12.6 Accuracy of Uploads: BALMYTRIP assumes no responsibility for verifying the accuracy, authenticity, or validity of the Third-Party Quotes uploaded by the Client. Our comparative quotes are provided in good faith based solely on the information supplied by the Client.

13. BREACH

Without prejudice to the other remedies available to BALMYTRIP under this agreement, the TOS, or under applicable law, BALMYTRIP may limit the Client’s activity, immediately temporarily/indefinitely suspend or terminate the client’s registration, and/or refuse to provide the client with access to the website if the client is in breach of this agreement.

14. PROPRIETARY RIGHTS

The Client acknowledges and agrees that they shall not upload, post, reproduce, or distribute any content on or through the Website that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right.

15. RELATIONSHIP

None of the provisions of this Agreement shall be deemed to constitute a partnership or agency relationship between the Client and BALMYTRIP.

16. HEADINGS

The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent, or intent of this Agreement.

17. INDEMNIFICATION

The Client agrees to indemnify, defend, and hold harmless BALMYTRIP, its parent companies, subsidiaries, affiliates, and their respective officers, directors, employees, agents, contractors, and licensors from and against any and all claims, demands, liabilities, damages, losses, costs, or expenses, including but not limited to reasonable attorneys' fees and legal costs, arising out of, directly or indirectly resulting from, or in any way connected with: (a) The Client's access to or use of the Website and Services; (b) The Client's violation or breach of any term of this Agreement or the TOS (including the warranties regarding Third-Party Quotes); (c) The Client's infringement or violation of any third-party right, including without limitation any intellectual property right, property right, confidentiality, privacy, or trade secret right; or (d) Any claim that the Client's use of the Services or submission of Third-Party Quotes caused damage to a third party. BALMYTRIP reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Client, and in such case, the Client agrees to cooperate with BALMYTRIP's defense of such claim.

18. GOVERNING LAW AND JURISDICTION

This Agreement, the TOS, and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. Any dispute, claim, or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or any question regarding its existence, validity, or termination, shall be subject to the exclusive jurisdiction of the honorable competent courts located in Pune, Maharashtra and Lucknow, Uttar Pradesh, India. The Client hereby consents to the personal jurisdiction of such courts and waives any objections to the laying of venue in such courts.

19. SEVERABILITY

If any provision of this Agreement or the TOS is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect. The invalidity or unenforceability of any single provision shall not affect the validity or enforceability of any other provision hereof.

20. FORCE MAJEURE

BALMYTRIP shall not be held liable or responsible for any failure or delay in the performance of its obligations under this Agreement or the TOS, nor shall any such failure or delay be deemed a breach of this Agreement, if and to the extent such failure or delay is caused by or results from circumstances beyond the reasonable control of BALMYTRIP. Such circumstances include, without limitation: acts of God, natural disasters (including floods, earthquakes, hurricanes), fires, explosions, wars, invasions, hostilities (whether war is declared or not), terrorist threats or acts, riots or other civil unrest, national emergencies, revolutions, insurrections, epidemics, pandemics, government orders, laws, or actions, embargoes or blockades, strikes, labor stoppages or slowdowns or other industrial disturbances, and telecommunications or internet outages. In the event of a Force Majeure event, BALMYTRIP's obligations shall be suspended for the duration of the event.